Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 6315 of 2019 Petitioner :- Neha Gupta Respondent :- Rupesh Kumar Counsel for Petitioner :- R.P.S. Chauhan Hon'ble Manoj Kumar Gupta,J.
The petitioner alongwith the respondent filed application under Section 13-B of the Hindu Marriage Act, 1955 for granting a decree of divorce on basis of mutual consent. The petition was presented on 1.8.2018, but so far, it has not been disposed of.
A perusal of the order sheet reveals that the final arguments were heard on 25.3.2019 and the matter was fixed for delivery of orders on 29.3.2019. The order was not delivered on that date and the matter was posted for hearing once again. Since then, several dates have been fixed but the matter has not been finalized.
Under Section 13-B, it is provided that if the petition is not withdrawn within cooling period of six months, the court, on being satisfied that the averments in the petition are true, is to pass a decree of divorce declaring the marriage to be dissolved. It is also specifically stipulated that the second motion shall be fixed after six months and not later than eighteen months, meaning thereby that the proceedings have to be finalized before the expiry of the said period.
It seems that the court below is totally oblivious of the said provision of law, as would appear from the manner in which it is proceeding with the case.
Having regard to the same, it is hereby directed that the court below shall ensure that the matter is finalized positively within a period of six weeks from the date of production of a certified copy of this order.
The petition stands disposed of accordingly.
(Manoj Kumar Gupta, J) Order Date :- 26.8.2019 SL